Committee Legislation

Bill Introduced Description
S.651 Mar-22-13
STATUS: March 22, 2013.--Introduced. S.651 Thompson Divide Withdrawal and Protection Act of 2013 (Introduced in Senate - IS) S 651 IS 113th CONGRESS1st SessionS. 651 To provide for the withdrawal and protection of certain Federal land in the State of Colorado, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 22, 2013 Mr. BENNET introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the withdrawal and protection of certain Federal land in the State of Colorado, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Thompson Divide Withdrawal and Protection Act of 2013'. SEC. 2. FINDINGS AND PURPOSES. (a) Findings- Congress finds that-- (1) the Thompson Divide in western Colorado is an area comprised of Federal and non-Federal land that provides important watershed, scenic, recreational, wildlife, and other benefits to the general public and local communities; (2) the Thompson Divide provides rural character, a robust agriculture-based economy, and outstanding recreational and sporting opportunities to many surrounding communities; and (3) the Thompson Divide provides important spring and summer grazing land for historical ranching operations. (b) Purposes- The purposes of this Act are-- (1) subject to valid existing rights, to withdraw certain Federal land and mineral rights in the Thompson Divide Withdrawal and Protection Area from-- (A) disposition under the mineral and geothermal leasing laws of the United States; (B) location, patent, and entry under mining laws of the United States; and (C) all forms of appropriation or disposal under the public land laws; and (2) to allow for the retirement, purchase, donation, voluntary exchange, or other acquisition of mineral and other interests in land from willing sellers within the Thompson Divide Withdrawal and Protection Area. SEC. 3. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Thompson Creek Divide Proposed Withdrawal' and dated May 31, 2012. (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (3) THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA- The term `Thompson Divide Withdrawal and Protection Area' means the Federal land consisting of the approximately 183,000 acres depicted on the map as `Thompson Creek Divide Proposed Withdrawal'. SEC. 4. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. (a) In General- Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Surveys- The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture. (c) Acquisition of Mineral Rights- (1) NOTIFICATION- (A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall provide written notice to holders of valid existing mineral leases or other mineral interests within the Thompson Divide Withdrawal and Protection Area of the potential opportunity for donation, voluntary exchange, or other relinquishment of those rights for retirement under this Act. (B) NOTIFICATION TO SECRETARY- On receipt of the notification under subparagraph (A), a holder of a valid mineral lease or other mineral interest within the Thompson Divide Withdrawal and Protection Area may submit a written notice to the Secretary of the interest of the holder in the retirement or other conveyance of that right for withdrawal and protection purposes. (C) LIST OF INTERESTED HOLDERS- The Secretary shall prepare a list of interested holders under subparagraph (A) and make the list available to-- (i) the Secretary of Agriculture; (ii) any non-Federal nonprofit organization described in section 170(h) of the Internal Revenue Code of 1986; or (iii) any person interested in acquiring a right for retirement under this Act. (2) WITHDRAWAL AND RETIREMENT- If any mineral lease or other mineral interest is relinquished, donated to, exchanged, or otherwise acquired by the United States wholly or partially within the Thompson Divide Withdrawal and Protection Area under this Act or under the authority of the Secretary or the Secretary of Agriculture, respectively the land shall, without further action by the Secretary concerned, be automatically withdrawn from all forms of-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (3) PROHIBITION- The Secretary and the Secretary of Agriculture shall not use Federal funds to repurchase any valid Federal mineral lease or other mineral interest within the Thompson Divide Withdrawal and Protection Area. (4) APPLICABILITY- (A) EXISTING RIGHTS- Nothing in this Act expands, diminishes, impairs, or otherwise affects any valid existing mineral leases, mineral interest, or other private property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, rights, or land in accordance with applicable Federal, State, and local laws (including regulations). (B) PRIOR LEASE SALES- Nothing in this Act prohibits the Secretary from taking any action necessary to issue, deny, remove the suspension of, or cancel a lease or any sold lease parcel that has not been issued pursuant to any lease sale carried out prior to the date of enactment of this Act, including the completion of any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
S.630 Mar-20-13
STATUS: March 20, 2013.--Introduced. S.630 FAIR Act of 2013 (Introduced in Senate - IS) S 630 IS 113th CONGRESS 1st Session S. 630 To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. IN THE SENATE OF THE UNITED STATES March 20, 2013 Ms. MURKOWSKI (for herself, Ms. LANDRIEU, Mr. BEGICH, and Ms. HEITKAMP) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish a partnership between States that produce energy onshore and offshore for our country with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Fixing America's Inequities with Revenues Act of 2013' or the `FAIR Act of 2013'. SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows: `SEC. 9. DISPOSITION OF REVENUES. `(a) Definitions- In this section: `(1) ALTERNATIVE AND RENEWABLE ENERGY- The term `alternative and renewable energy' means energy derived from-- `(A) a wind, solar, renewable biomass, or ocean (including tidal, wave, current, and thermal) source; or `(B) hydrogen derived from renewable biomass or water using an energy source described in subparagraph (A). `(2) COASTAL POLITICAL SUBDIVISION- The term `coastal political subdivision' means a county-equivalent subdivision of a coastal State all or part of which-- `(A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and `(B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. `(3) COASTAL STATE- The term `coastal State' means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in an outer Continental Shelf area that is not a Gulf producing State (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)). `(4) DISTANCE- The terms `distance' and `distances' mean minimum great circle distance and distances, respectively. `(5) SECRETARY- The term `Secretary' means the Secretary of the Interior. `(b) Coastal State Revenue Sharing for Outer Continental Shelf Energy Sources- `(1) IN GENERAL- Subject to the other provisions of this section, for fiscal year 2013 and each subsequent fiscal year-- `(A) the Secretary of the Treasury shall deposit in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development on the outer Continental Shelf areas of coastal States; and `(B) the Secretary shall, in accordance with subsection (b), disburse-- `(i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and `(ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative and renewable energy, energy research and development, energy efficiency, or conservation. `(2) EXCLUSIONS- The revenues described in paragraph (1) do not include revenues generated from leases subject to section 8(g). `(3) ALLOCATION AMONG COASTAL STATES AND COASTAL POLITICAL SUBDIVISIONS- `(A) IN GENERAL- Subject to paragraph (2), for each fiscal year, the amount made available under subsection (a) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. `(B) LIMITATION- The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State. `(C) PAYMENTS TO COASTAL POLITICAL SUBDIVISIONS- `(i) IN GENERAL- The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under paragraph (1), to the coastal political subdivisions of the coastal State. `(ii) ALLOCATION- The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B) and (C) of section 31(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)). `(iii) EXCEPTION FOR THE STATE OF ALASKA- For purposes of carrying out subparagraph (A) in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions-- `(I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and `(II) 10 percent shall be divided equally among each coastal political subdivision that-- `(aa) is more than 200 nautical miles from the geographic center of a leased tract; and `(bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. `(4) ADMINISTRATION- The Secretary shall ensure that revenues from all sources of alternative and renewable energy leased, developed, or produced from any outer Continental Shelf area are distributed among coastal States, coastal political subdivisions, and Gulf producing States (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)) in accordance with this section. `(c) Revenue Sharing for Certain Onshore Energy Sources- The Secretary of the Treasury shall disburse 50 percent of all revenues derived from all rentals, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative and renewable onshore energy sources to the State within the boundaries of which the energy source is located.'. SEC. 3. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES. (a) Definition of Qualified Outer Continental Shelf Revenues- Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) by striking subparagraph (A); and (2) by inserting the following: `(A) IN GENERAL- The term `qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2012, from leases entered into on or after the date of enactment of Public Law 109-432 for-- `(i) the 181 Area; `(ii) the 181 South Area; and `(iii) the 2002-2007 planning area.'. (b) Disposition of Qualified Outer Continental Shelf Revenues- Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking `2016' and inserting `2012'; and (ii) in subparagraph (A), by striking `2016' and inserting `2012'; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking `2017' and inserting `2013'; and (ii) in subparagraph (A), by striking `2017' and inserting `2013'; and (2) by striking subsection (f) and inserting the following: `(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues- `(1) DISTRIBUTION TO GULF PRODUCING STATES- `(A) IN GENERAL- Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed $500,000,000 for each fiscal year. `(B) CAP INCREASE FOR GULF PRODUCING STATES- In the case of the qualified outer Continental Shelf revenues that may be made available to Gulf producing States under subsection (a)(2)(A), the cap on amounts specified in subparagraph (A) shall be for-- `(i) fiscal year 2014, $600,000,000; and `(ii) each of fiscal years 2015 through 2023, the applicable amount for the previous fiscal year increased by $100,000,000. `(C) SUBSEQUENT FISCAL YEARS- For fiscal year 2024 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(2)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). `(2) PRO RATA REDUCTIONS- If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(2)(A)-- `(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and `(B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.'. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2012.
S.618 Mar-20-13
STATUS: March 20, 2013.--Introduced. S.618 Pacific Islands Parks Act of 2013 (Introduced in Senate - IS) S 618 IS 113th CONGRESS 1st Session S. 618 To require the Secretary of the Interior to conduct certain special resource studies. IN THE SENATE OF THE UNITED STATES March 20, 2013 Mr. SCHATZ introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to conduct certain special resource studies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Pacific Islands Parks Act of 2013'. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term `Secretary' means the Secretary of the Interior. SEC. 3. SPECIAL RESOURCE STUDIES. (a) Study- (1) IN GENERAL- The Secretary shall conduct a special resource study of each of the following sites: (A) The Ka`u Coast on the island of Hawaii, Hawaii. (B) The northern coast of Maui, Hawaii. (C) The southeastern coast of Kauai, Hawaii. (D) Historic sites on Midway Atoll. (E) On request of the Governor of the Commonwealth of the Northern Mariana Islands, the island of Rota in the Commonwealth of the Northern Mariana Islands. (2) CONTENTS- In conducting each study required under paragraph (1), the Secretary shall-- (A) evaluate the national significance of the site and the area surrounding the site; (B) determine the suitability and feasibility of designating the site as a unit of the National Park System; (C) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities or private and nonprofit organizations; (D) consult with any interested Federal, State, or local governmental entities, private and nonprofit organizations, or individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under the study. (b) Updates- (1) IN GENERAL- The Secretary shall update the study authorized by section 326(b)(3)(N) of the National Park Service Studies Act of 1999 (as enacted in title III of Appendix C of Public Law 106-113; 113 Stat. 1501A-195) relating to World War II sites in the Republic of Palau. (2) CONTENTS- In updating the study described in paragraph (1), the Secretary shall-- (A) determine whether conditions have changed to justify designating the site as a unit of the National Park System; (B) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities or private and nonprofit organizations; (C) consult with any interested Federal, State, or local governmental entities, private and nonprofit organizations, or individuals; and (D) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under the study. (c) Applicable Law- The studies and updates to the study required under this section shall be conducted in accordance with section 8 of the National Park System General Authorities Act (16 U.S.C. 1a-5). (d) Report- Not later than 3 years after the date on which funds are first made available for the studies and updates to the study under this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the results of each study and updates to the study; and (2) any conclusions and recommendations of the Secretary based on the results described in paragraph (1). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.
S.615 Mar-19-13
STATUS: March 19, 2013.--Introduced. March 20, 2013.--Mr. Murphy added as cosponsor. April 23, 2013.--Subcommittee on National Parks hearings held. S.615 Coltsville National Historical Park Act (Introduced in Senate - IS) S 615 IS 113th CONGRESS 1st Session S. 615 To establish Coltsville National Historical Park in the State of Connecticut, and for other purposes. IN THE SENATE OF THE UNITED STATES March 19, 2013 Mr. BLUMENTHAL introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish Coltsville National Historical Park in the State of Connecticut, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Coltsville National Historical Park Act'. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) CITY- The term `city' means the city of Hartford, Connecticut. (2) COMMISSION- The term `Commission' means the Coltsville National Historical Park Advisory Commission established by subsection 6(a). (3) HISTORIC DISTRICT- The term `Historic District' means the Coltsville Historic District. (4) MAP- The term `map' means the map titled `Coltsville National Historical Park--Proposed Boundary', numbered T25/102087, and dated May 11, 2010. (5) PARK- The term `park' means the Coltsville National Historical Park in the State of Connecticut. (6) SECRETARY- The term `Secretary' means the Secretary of the Interior. (7) STATE- The term `State' means the State of Connecticut. SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK. (a) Establishment- (1) IN GENERAL- Subject to paragraph (2), there is established in the State a unit of the National Park System to be known as the `Coltsville National Historical Park'. (2) CONDITIONS FOR ESTABLISHMENT- The park shall not be established until the date on which the Secretary determines that-- (A) the Secretary has acquired by donation sufficient land or an interest in land within the boundary of the park to constitute a manageable unit; (B) the State, city, or private property owner, as appropriate, has entered into a written agreement with the Secretary to donate at least 10,000 square feet of space in the East Armory which would include facilities for park administration and visitor services; and (C) the Secretary has entered into a written agreement with the State, city, or other public entity, as appropriate, providing that-- (i) land owned by the State, city, or other public entity within the Coltsville Historic District shall be managed consistent with this section; and (ii) future uses of land within the historic district shall be compatible with the designation of the park and the city's preservation ordinance. (b) Boundaries- The park shall include and provide appropriate interpretation and viewing of the following sites, as generally depicted on the map: (1) The East Armory. (2) The Church of the Good Shepherd. (3) The Caldwell/Colt Memorial Parish House. (4) Colt Park. (5) The Potsdam Cottages. (6) Armsmear. (7) The James Colt House. (c) Collections- The Secretary shall enter into a written agreement with the State of Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain appropriate access to Colt-related artifacts for the purposes of having items routinely on display in the East Armory or within the park as determined by the Secretary as a major function of the visitor experience. SEC. 4. ADMINISTRATION. (a) In General- The Secretary shall administer the park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) State and Local Jurisdiction- Nothing in this Act enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the city)-- (1) to exercise civil and criminal jurisdiction; or (2) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the park. (c) Cooperative Agreements- (1) IN GENERAL- As the Secretary determines to be appropriate to carry out this Act, the Secretary may enter into cooperative agreements with the owner of any property within the Coltsville Historic District or any nationally significant properties within the boundary of the park, under which the Secretary may identify, interpret, restore, rehabilitate, and provide technical assistance for the preservation of the properties. (2) RIGHT OF ACCESS- A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- (A) conducting visitors through the properties; and (B) interpreting the properties for the public. (3) CHANGES OR ALTERATIONS- No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations. (4) CONVERSION, USE, OR DISPOSAL- Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of-- (A) the amounts made available to the project by the United States; or (B) the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal. (5) MATCHING FUNDS- (A) IN GENERAL- As a condition of the receipt of funds under this subsection, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds. (B) FORM- With the approval of the Secretary, the non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source, fairly valued. (d) Acquisition of Land- The Secretary is authorized to acquire land and interests in land by donation, purchase with donated or appropriated funds, or exchange, except that land or interests in land owned by the State or any political subdivision of the State may be acquired only by donation. (e) Technical Assistance and Public Interpretation- The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the historic district. SEC. 5. MANAGEMENT PLAN. (a) In General- Not later than 3 fiscal years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the Commission, shall complete a management plan for the park in accordance with-- (1) section 12(b) of Public Law 91-383 (commonly known as the National Park Service General Authorities Act) (16 U.S.C. 1a-7(b)); and (2) other applicable laws. (b) Cost Share- The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the park. (c) Submission to Congress- On completion of the management plan, the Secretary shall submit the management plan to-- (1) the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Energy and Natural Resources of the Senate. SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK ADVISORY COMMISSION. (a) Establishment- There is established a Commission to be known as the Coltsville National Historical Park Advisory Commission. (b) Duty- The Commission shall advise the Secretary in the development and implementation of the management plan. (c) Membership- (1) COMPOSITION- The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom-- (A) 2 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (B) 1 member shall be appointed after consideration of recommendations submitted by the State Senate President; (C) 1 member shall be appointed after consideration of recommendations submitted by the Speaker of the State House of Representatives; (D) 2 members shall be appointed after consideration of recommendations submitted by the Mayor of Hartford, Connecticut; (E) 2 members shall be appointed after consideration of recommendations submitted by Connecticut's 2 United States Senators; (F) 1 member shall be appointed after consideration of recommendations submitted by Connecticut's First Congressional District Representative; (G) 2 members shall have experience with national parks and historic preservation; (H) all appointments must have significant experience with and knowledge of the Coltsville Historic District; and (I) 1 member of the Commission must live in the Sheldon/Charter Oak neighborhood within the Coltsville Historic District. (2) INITIAL APPOINTMENTS- The Secretary shall appoint the initial members of the Commission not later than the earlier of-- (A) the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under paragraph (1); or (B) the date that is 30 days after the park is established. (d) Term; Vacancies- (1) TERM- (A) IN GENERAL- A member shall be appointed for a term of 3 years. (B) REAPPOINTMENT- A member may be reappointed for not more than 1 additional term. (2) VACANCIES- A vacancy on the Commission shall be filled in the same manner as the original appointment was made. (e) Meetings- The Commission shall meet at the call of-- (1) the Chairperson; or (2) a majority of the members of the Commission. (f) Quorum- A majority of the Commission shall constitute a quorum. (g) Chairperson and Vice Chairperson- (1) IN GENERAL- The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (2) VICE CHAIRPERSON- The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. (3) TERM- A member may serve as Chairperson or Vice Chairperson for not more than 1 year in each office. (h) Commission Personnel Matters- (1) COMPENSATION OF MEMBERS- (A) IN GENERAL- Members of the Commission shall serve without compensation. (B) TRAVEL EXPENSES- Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duty of the Commission. (2) STAFF- (A) IN GENERAL- The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duty of the Commission. (B) DETAIL OF EMPLOYEES- The Secretary may accept the services of personnel detailed from the State or any political subdivision of the State. (i) FACA Nonapplicability- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (j) Termination- (1) IN GENERAL- Unless extended under paragraph (2), the Commission shall terminate on the date that is 10 years after the date of the enactment of this Act. (2) EXTENSION- Eight years after the date of the enactment of this Act, the Commission shall make a recommendation to the Secretary if a body of its nature is still necessary to advise on the development of the park. If, based on a recommendation under this paragraph, the Secretary determines that the Commission is still necessary, the Secretary may extend the life of the Commission for not more than 10 years.
S.609 Mar-19-13
STATUS: March 19, 2013.--Introduced. April 25, 2013.--Subcommittee on Public Lands, Forests, and Mining hearing held. May 16, 2013.--Full committee markup; Ordered to be reported with amendments favorably. June 27, 2013.--Reported to Senate with amendments. S. Rept. 113-66. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 120]. July 9, 2014.--Passed Senate without amendments by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 10, 2014.--Received in House and held at the desk. July 23, 2014.--Referred to House Committee on Natural Resources. July 29, 2014.--Subcommittee hearing held. September 18, 2014.-- House ordered to be Reported by Unanimous Consent. S.609 San Juan County Federal Land Conveyance Act (Introduced in Senate - IS) S 609 IS 113th CONGRESS1st SessionS. 609 To authorize the Secretary of the Interior to convey certain Federal land in San Juan County, New Mexico, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 19, 2013 Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to convey certain Federal land in San Juan County, New Mexico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `San Juan County Federal Land Conveyance Act'. SEC. 2. DEFINITIONS. In this Act: (1) FEDERAL LAND- The term `Federal land' means the approximately 19 acres of Federal land generally depicted as `Lands Authorized for Conveyance' on the map. (2) LANDOWNER- The term `landowner' means the plaintiffs in the case styled Blancett v. United States Department of the Interior, et al., No. 10-cv-00254-JAP-KBM, United States District Court for the District of New Mexico. (3) MAP- The term `map' means the map entitled `San Juan County Land Conveyance' and dated June 20, 2012. (4) SECRETARY- The term `Secretary' means the Secretary of the Interior. (5) STATE- The term `State' means the State of New Mexico. SEC. 3. CONVEYANCE OF CERTAIN FEDERAL LAND IN SAN JUAN COUNTY, NEW MEXICO. (a) In General- On request of the landowner, the Secretary shall, under such terms and conditions as the Secretary may prescribe, convey to the landowner all right, title, and interest of the United States in and to any portion of the Federal land (including any improvements or appurtenances to the Federal land) by sale. (b) Survey; Administrative Costs- (1) SURVEY- The exact acreage and legal description of the Federal land to be conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) COSTS- The administrative costs associated with the conveyance shall be paid by the landowner. (c) Consideration- (1) IN GENERAL- As consideration for the conveyance of the Federal land under subsection (a), the landowner shall pay to the Secretary an amount equal to the fair market value of the Federal land conveyed, as determined under paragraph (2). (2) APPRAISAL- The fair market value of any Federal land that is conveyed under subsection (a) shall be determined by an appraisal acceptable to the Secretary that is performed in accordance with-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practice; and (C) any other applicable law (including regulations). (d) Disposition and Use of Proceeds- (1) DISPOSITION OF PROCEEDS- The Secretary shall deposit the proceeds of any conveyance of Federal land under subsection (a) in a special account in the Treasury for use in accordance with paragraph (2). (2) USE OF PROCEEDS- Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land from willing sellers in the State for resource protection that is consistent with the purposes for which the Bald Eagle Area of Critical Environmental Concern in the State was established. (e) Additional Terms and Conditions- The Secretary may require such additional terms and conditions for a conveyance under subsection (a) as the Secretary determines to be appropriate to protect the interests of the United States.
S.598 Mar-18-13
STATUS: March 18, 2013.--Introduced. S.598 Deepwater Drilling Royalty Relief Prohibition Act (Introduced in Senate - IS) S 598 IS 113th CONGRESS 1st Session S. 598 To prohibit royalty incentives for deepwater drilling, and for other purposes. IN THE SENATE OF THE UNITED STATES March 18, 2013 Mrs. FEINSTEIN (for herself and Mr. NELSON) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To prohibit royalty incentives for deepwater drilling, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Deepwater Drilling Royalty Relief Prohibition Act'. SEC. 2. PROHIBITION ON ROYALTY INCENTIVES FOR DEEPWATER DRILLING. (a) In General- Notwithstanding any other provision of law, the Secretary of the Interior shall not issue any oil or gas lease sale under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) with royalty-based incentives in any tract located in water depths of 400 meters or more on the outer Continental Shelf. (b) Royalty Relief for Deepwater Production- Section 345 of the Energy Policy Act of 2005 (42 U.S.C. 15905) is repealed. (c) Royalty Relief- Section 8(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)) is amended by adding at the end the following: `(D) PROHIBITION- Notwithstanding subparagraphs (A) through (C) or any other provision of law, the Secretary shall not reduce or eliminate any royalty or net profit share for any lease or unit located in water depths of 400 meters or more on the outer Continental Shelf.'. (d) Application- This section and the amendments made by this section-- (1) apply beginning with the first lease sale held on or after the date of enactment of this Act for which a final notice of sale has not been published as of that date; and (2) do not apply to a lease in effect on the date of enactment of this Act.
H.Res.573 May-16-13
STATUS: February 6, 2013.--Introduced to House February 6, 2013.--Referred to House Committee on Natural Resources April 24, 2013.--Committee Consideration and Mark-up Session Held April 24, 2013.--Ordered to be Reported by Unanimous Consent. May 14, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-56. May 14, 2013.--Placed on the Union Calendar, Calendar No. 34. May 14, 2013.--House Debate; On motion to suspend the rules and pass the bill Agreed to by voice vote. May 15, 2013.--Motion to reconsider laid on the table Agreed to without objection. May 16, 2013: Introduced in Senate. H.R.573 To amend Public Law 93-435 with respect to the Northern Mariana Islands, providing parity with Guam, the Virgin Islands, and American Samoa. (Referred in Senate - RFS) HR 573 RFS 113th CONGRESS1st Session H. R. 573IN THE SENATE OF THE UNITED STATESMay 16, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend Public Law 93-435 with respect to the Northern Mariana Islands, providing parity with Guam, the Virgin Islands, and American Samoa. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENT. (a) In General- The first section and section 2 of Public Law 93-435 (48 U.S.C. 1705, 1706) are amended by inserting `the Commonwealth of the Northern Mariana Islands,' after `Guam,' each place it appears. (b) References to Date of Enactment- For the purposes of the amendment made by subsection (a), each reference in Public Law 93-435 to the `date of enactment' shall be considered to be a reference to the date of the enactment of this section. Passed the House of Representatives May 15, 2013. Attest: KAREN L. HAAS, Clerk.
S.552 Mar-13-13
STATUS: March 13, 2013.--Introduced S.552 Quadrennial Energy Review Act of 2013 (Introduced in Senate - IS) S 552 IS 113th CONGRESS 1st Session S. 552 To amend the Department of Energy Organization Act to replace the current requirement for a biennial energy policy plan with a Quadrennial Energy Review, and for other purposes. IN THE SENATE OF THE UNITED STATES March 13, 2013 Mr. PRYOR (for himself, Mr. ALEXANDER, Mr. BEGICH, Mr. BOOZMAN, Mr. COONS, Mr. HEINRICH, Mr. TESTER, Mr. UDALL of New Mexico, and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to replace the current requirement for a biennial energy policy plan with a Quadrennial Energy Review, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Quadrennial Energy Review Act of 2013'. SEC. 2. FINDINGS. Congress finds that-- (1) the President's Council of Advisors on Science and Technology recommends that the United States develop a Government wide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense; (2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department; (3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role; (4) a Quadrennial Energy Review would-- (A) establish integrated, Government wide national energy objectives in the context of economic, environmental, and security priorities; (B) coordinate actions across Federal agencies; (C) identify the resources needed for the invention, adoption, and diffusion of energy technologies; and (D) provide a strong analytical base for Federal energy policy decisions; (5) a Quadrennial Energy Review should be established taking into account estimated Federal budgetary resources; (6) the development of an energy policy resulting from a Quadrennial Energy Review would-- (A) enhance the energy security of the United States; (B) create jobs; and (C) mitigate environmental harm; and (7) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from-- (A) Congress; (B) the energy industry; (C) academia; (D) nongovernmental organizations; and (E) the public. SEC. 3. QUADRENNIAL ENERGY REVIEW. Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows: `SEC. 801. QUADRENNIAL ENERGY REVIEW. `(a) Definitions- In this section: `(1) DIRECTOR- The term `Director' means the Director of the Office of Science and Technology Policy within the Executive Office of the President. `(2) FEDERAL LABORATORY- `(A) IN GENERAL- The term `Federal Laboratory' has the meaning given the term `laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). `(B) INCLUSION- The term `Federal Laboratory' includes a federally funded research and development center sponsored by a Federal agency. `(3) INTERAGENCY ENERGY COORDINATION COUNCIL- The term `interagency energy coordination council' means a council established under subsection (b)(1). `(4) QUADRENNIAL ENERGY REVIEW- The term `Quadrennial Energy Review' means a comprehensive multiyear review, coordinated across Federal agencies, that-- `(A) covers all energy programs and technologies; `(B) establishes energy objectives across the Federal Government; and `(C) covers each of the areas described in subsection (d)(2). `(b) Interagency Energy Coordination Council- `(1) ESTABLISHMENT- Beginning on October 1, 2013, and every 4 years thereafter, the President shall establish an interagency energy coordination council to coordinate the Quadrennial Energy Review. `(2) CO-CHAIRPERSONS- The Secretary and the Director shall be co-chairpersons of the interagency energy coordination council. `(3) MEMBERSHIP- The interagency energy coordination council shall be comprised of representatives at level I or II of the Executive Schedule of-- `(A) the Department of Commerce; `(B) the Department of Defense; `(C) the Department of State; `(D) the Department of the Interior; `(E) the Department of Agriculture; `(F) the Department of the Treasury; `(G) the Department of Transportation; `(H) the Office of Management and Budget; `(I) the National Science Foundation; `(J) the Environmental Protection Agency; and `(K) such other Federal organizations, departments, and agencies that the President considers to be appropriate. `(c) Conduct of Review- Each Quadrennial Energy Review shall be conducted to provide an integrated view of national energy objectives and Federal energy policy, including the maximum practicable alignment of research programs, incentives, regulations, and partnerships. `(d) Submission of Quadrennial Energy Review to Congress- `(1) IN GENERAL- Not later than August 1, 2015, and every 4 years thereafter, the Secretary, in cooperation with the Director, shall publish and submit to Congress a report on the Quadrennial Energy Review. `(2) INCLUSIONS- The report described in paragraph (1) shall include, at a minimum-- `(A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities; `(B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements-- `(i) to achieve the objectives described in subparagraph (A); and `(ii) to be coordinated across multiple agencies; `(C) an analysis of the prospective roles of parties (including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including-- `(i) an analysis, by energy use sector, including-- `(I) commercial and residential buildings; `(II) the industrial sector; `(III) transportation; and `(IV) electric power; `(ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and `(iii) other research that inform strategies to incentivize desired actions; `(D) an assessment of policy options to increase domestic energy supplies and energy efficiency; `(E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy; `(F) an integrated plan for the involvement of the Federal Laboratories in energy programs; `(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs; `(H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; `(I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management; `(J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public-private partnerships, loans, and loan guarantees; `(K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation; `(L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of-- `(i) Federal tax policies; and `(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies; `(M) a priority list for implementation of objectives and actions taking into account estimated Federal budgetary resources; `(N) an analysis of-- `(i) points of maximum leverage for policy intervention to achieve outcomes; and `(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and `(O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies. `(e) Executive Secretariat- `(1) IN GENERAL- The Secretary shall provide the Executive Secretariat with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section. `(2) COOPERATION- The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.'. SEC. 4. ADMINISTRATION. Nothing in the Act or an amendment made by this Act supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act.
H.Res.527 May-06-13
STATUS: 05/06/2013: Introduced. H.R.527 Responsible Helium Administration and Stewardship Act (Referred in Senate - RFS) HR 527 RFS 113th CONGRESS1st Session H. R. 527IN THE SENATE OF THE UNITED STATESMay 6, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Helium Act to complete the privatization of the Federal helium reserve in a competitive market fashion that ensures stability in the helium markets while protecting the interests of American taxpayers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Responsible Helium Administration and Stewardship Act'. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting a period; (2) in paragraph (2), by striking `; and' and inserting a period; and (3) by adding at the end the following: `(4) FEDERAL HELIUM RESERVE- `(A) IN GENERAL- The term `Federal Helium Reserve' means the Bureau of Land Management Cliffside Gas Field and supporting infrastructure. `(B) INCLUSIONS- The term `Federal Helium Reserve' includes-- `(i) the Cliffside Gas Field helium storage reservoir; and `(ii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium. `(5) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term `qualifying domestic helium transaction'-- `(A) except as provided in subparagraph (B), means any new or newly renegotiated agreement for the purchase or sale of at least 15,000,000 standard cubic feet of crude helium or bulk liquid helium delivered in the United States in the most recent full fiscal year; and `(B) does not include any purchase of crude helium from the Secretary. `(6) TOLLING AGREEMENT- The term `tolling agreement' means an agreement between a helium refiner and another party under which the helium refiner agrees to process the other person's helium at an agreed upon price.'. SEC. 3. SALE AND AUCTION OF CRUDE HELIUM. (a) In General- Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows: `SEC. 6. SALE OF HELIUM. `(a) Phase A: Finalizing Debt Payoff- `(1) IN GENERAL- Subject to paragraph (2), the Secretary shall offer for sale crude helium for Federal, medical, research, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption. `(2) MINIMUM QUANTITY- The Secretary shall offer for sale during each fiscal year under paragraph (1) a quantity of crude helium equivalent to the quantity of crude helium produced from the Federal Helium Reserve during fiscal year 2012. `(3) IN-KIND PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Federal agencies, and holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal, medical, research and scientific uses from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(4) PRICES AND DETERMINATIONS- Sales of crude helium by the Secretary under this subsection shall be at prices established by the Secretary that shall not be less than the price in the last sale of crude helium from the Federal Helium Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act, except that any sale to a person referred to in paragraph (3) for a purchase authorized by that paragraph shall be at a price specified by the Secretary. `(5) DURATION- This subsection applies during the period-- `(A) beginning on the date of enactment of the Responsible Helium Administration and Stewardship Act; and `(B) ending on the expiration of the one-year period following such date of enactment. `(b) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer- `(1) IN GENERAL- The Secretary shall offer for sale at auction, as described in subsection (d), crude helium for medical, research, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary-- `(A) to maximize total recovery and conservation of helium from the Federal Helium Reserve; `(B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; `(C) to respond to helium market supply and demand and minimize market disruption; and `(D) to give priority to meeting the helium demand of Federal users through purchases under paragraph (2). `(2) IN-KIND PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Any Federal agency, and any holder of 1 or more Federal research grants, may purchase refined helium for Federal, medical, research, and scientific uses from an eligible person. The Secretary shall then provide an equivalent volume of crude helium to the eligible person as if the eligible person was the successful bidder for the helium at auction. Provision of helium by the Secretary under this paragraph shall not be considered a sale of helium by the Secretary at auction. The Secretary shall provide such helium at the minimum price established by the Secretary for the most recent auction held under this subsection or such other price as may be specified by the Secretary. `(3) ELIGIBLE PERSON- For purposes of this subsection, the term `eligible person' means a helium distributer who is registered as such with the Secretary. `(4) DURATION- This subsection applies during the period-- `(A) beginning on the expiration of the period described in subsection (a)(5)(B); and `(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. `(5) MAXIMUM ANNUAL SALES- Notwithstanding any provision of subsection (d), for each fiscal year, the Secretary may not offer or provide for sale under this subsection a total volume of crude helium that exceeds the lesser of-- `(A) the projected maximum total production capacity of the Federal Helium Reserve during that fiscal year; and `(B) the maximum refining capacity of persons connected by pipeline to the Federal Helium Reserve during that fiscal year. `(c) Phase C: Access for Federal Users- `(1) IN GENERAL- The Secretary may offer for sale crude helium for Federal uses (including medical, research, and scientific uses) in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection. `(2) PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Federal agencies, and holders of 1 or more Federal research grants related to helium or the use of helium, may purchase refined helium under this subsection for Federal uses (including medical, research, and scientific uses) from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B). `(d) Auction and Minimum Prices Determination- `(1) IN GENERAL- Sales of crude helium by the Secretary in auctions under subsection (b) shall be conducted under the conditions described in this section and at no less than the minimum price established by the Secretary. `(2) AUCTION- The Secretary shall conduct such auctions of crude helium as soon as practical but no later than beginning 180 days after the first day of the period described in subsection (b)(4), under the following conditions: `(A) 60 percent of the volume of crude helium made available in each auction shall be made available to entities that can show the Secretary they have either adequate refining capacity or tolling agreements for refining in place, in accordance with the conditions set forth in paragraph (3). `(B) 20 percent of the volume of crude helium made available in each auction shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3). `(C) In each auction after the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary shall make available an additional volume of crude helium, in an amount equivalent to the amount made available under subparagraph (B) that the Secretary certifies can be refined, through tolling agreements or otherwise. Of such additional volume, a person may not acquire in the auction a volume in excess of the volume they demonstrate to the Secretary they have the ability to refine through either refining capacity or tolling agreements. `(D) The Secretary shall conduct such auctions at such times as the Secretary determines necessary to ensure a reliable supply of helium and a fair return to taxpayers, but no less frequently than 2 times each fiscal year. `(E) For purposes of the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary may revise the percentage under subparagraph (A) so as to make available for auction 100 percent of the volume of crude helium intended to be offered. `(F) The Secretary may adjust the percentages and amount specified in subparagraphs (A) through (C), respectively, in any auction if the Secretary determines the adjustment is necessary to-- `(i) respond to market supply and demand and minimize market disruption; or `(ii) increase participation in helium auctions. `(G) The Secretary may conduct an auction no more frequently than once each fiscal year of an amount of helium equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year. Such amount of crude helium shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3). Notwithstanding paragraph (3)(C), for crude helium sold in such an auction the Secretary shall begin charging a storage fee under clause (i) of that paragraph beginning 1 year after the date of such auction, and shall begin charging increasing storage fees under clause (ii) of that paragraph beginning 270 days after beginning charging storage fees under clause (i) of that paragraph. `(3) AUCTION CONDITIONS- `(A) BIDDING METHOD- The Secretary shall conduct each auction by sealed bid for predetermined volume lots, unless the Secretary determines that an alternative bidding method may result in more revenue to the Federal Government or may increase participation in the auction. `(B) BIDDER QUALIFICATIONS AND LIMITS- In carrying out an auction under subsection (b), the Secretary-- `(i) may accept bids only from persons the Secretary determines are seeking to purchase helium for their own use, for refining, or for delivery to users; and `(ii) may not award to a person more than 30 percent of the total volume of crude helium offered in that auction, except that the Secretary may adjust such limitation based on the number of bidders in the auction. `(C) STORAGE FEES- In each auction the Secretary-- `(i) shall begin charging each winning bidder a storage fee for crude helium purchased by the bidder that remains in the Federal Helium Reserve, beginning on the date the Secretary receives payment of the purchase price for the helium; and `(ii) beginning 270 days after the date of the auction, shall charge increasing storage fees that will encourage the withdrawal of the helium no later than 2 years after the date of the auction. `(4) DETERMINATION OF MINIMUM SALE PRICE- The Secretary shall make a determination of the minimum sale price for sales described in paragraph (1) using-- `(A) a confidential survey of qualifying domestic helium transactions to which any holder of a contract with the Secretary for the acceptance, storage, and redelivery of crude helium in the Cliffside Gas Field helium storage reservoir is a party; `(B) current market crude helium prices as represented by the sale price at any auction held by the Secretary in the preceding 2 years; `(C) the volume-weighted average cost among helium refiners, producers, and liquefiers, in dollars per thousand cubic feet, of converting gaseous crude helium into bulk liquid helium; `(D) the additional layer of cost and profit associated with the sale or resale of bulk liquid helium; and `(E) the sale price for crude helium offered in the most recent auction under paragraph (2)(G). `(5) AUTHORITY OF SECRETARY- The Secretary shall-- `(A) require all persons that are parties to a contract with the Secretary for the acceptance, storage, and redelivery of crude helium to disclose, on a strictly confidential basis in dollars per thousand cubic feet, the weighted average price of all crude helium and bulk liquid helium purchased, sold, or processed by the persons in all qualifying domestic helium transactions during the fiscal year; `(B) appoint a qualified independent third party to perform data collection and analysis for the purposes of the survey under paragraph (4)(A); and `(C) adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure robust protection of the confidentiality of data submitted by private persons. `(6) CHANGES IN MINIMUM PRICE- If the Secretary believes that the minimum price as determined by the survey under paragraph (4)(A) may not be reflective of the current market value of helium, or if a higher minimum price may result in greater conservation of the Federal crude helium resource, the Secretary may change the minimum price charged for crude helium sold under this section by up to 10 percent of the price determined under paragraph (4). If at any sale in which the minimum price is increased under this paragraph all crude helium offered is sold at the increased price, the Secretary shall consider that increased price to be the minimum price determined under paragraph (4) for all future sales of crude helium under this section unless that price is further changed in accordance with this paragraph. `(7) ENSURING FAIR AND NONDISCRIMINATORY ACTS AND PRACTICES- The Secretary may issue such rules and regulations with respect to ensure bidding, transfer, and refining of helium produced from or held in the Federal Helium Reserve as may be necessary to ensure fair and nondiscriminatory acts and practices. `(8) AUCTION RECORDS- `(A) FURNISHING RECORDS- Every person participating in auctions of helium from the Federal Helium Reserve shall furnish to the Secretary on request such records of transactions in helium auctions as the Secretary may require to reconstruct bidding or trading in the course of a particular inquiry or investigation being conducted by the Secretary for enforcement or surveillance purposes. In requiring information pursuant to this paragraph, the Secretary shall specify the information required, the period for which it is required, and the time and date on which the information must be furnished. `(B) REPORTING REQUIREMENTS- The Secretary may issue rules to require persons participating in helium auctions to file such reports as the Secretary determines to be necessary for purposes of this Act. `(C) RECORDKEEPING REQUIREMENTS- Rules under this subsection may require specified persons to make and keep for prescribed periods such records as the Secretary determines are necessary or appropriate to ensure that such persons can comply with reporting requirements under this subsection. `(D) LIMITATION ON DISCLOSURE OF INFORMATION- Notwithstanding any other provision of law, the Secretary shall not be compelled to disclose any proprietary information required to be kept or reported under this subsection. Nothing in this subsection authorizes the Secretary to withhold information from Congress, prevents the Secretary from complying with a request for information from any other Federal department or agency requesting information for purposes within the scope of its jurisdiction, or prevents the Secretary from complying with an order of a court of the United States in an action brought by the United States or by the Secretary. `(e) Helium Production Fund- `(1) IN GENERAL- All amounts received under this Act shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this subsection. `(2) ADMINISTRATIVE EXPENSES- Amounts in the Helium Production Fund may be used by the Secretary to conduct helium auctions and otherwise administer this Act. `(3) REPAYMENT AMOUNTS- During the period described in subsection (a)(4), amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to conduct helium auctions and otherwise administer this Act shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995. `(4) CAPITAL INVESTMENTS AND MAINTENANCE- Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (3) may be used to fund the following capital investments in upgrades and maintenance at the Federal Helium reserve: `(A) Wellhead maintenance at the Cliffside Gas Field helium storage reservoir. `(B) Capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Gas Field helium storage reservoir. `(C) Capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium at the Cliffside Gas Field helium storage reservoir. `(D) Any other scheduled or unscheduled maintenance of the Cliffside Gas Field helium storage reservoir and helium pipeline. `(5) EXCESS FUNDS AND DEFICIT REDUCTION- Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (4) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit. `(f) Extraction of Helium From Deposits on Federal Land- All amounts received by the Secretary from the sale or disposition of crude helium on Federal land shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995. `(g) Maintenance of Helium Supply- The Secretary shall ensure that there is no disruption in the supply of helium from the Federal Helium Reserve during the transition between phases of helium sales under subsections (a), (b), and (c).'. (b) Report- Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing all expenditures by the Bureau of Land Management for operation and maintenance of the Federal Helium Reserve (as that term is defined in the amendment made by section 2(3)), investments made by the Bureau for such reserve, and scheduled or unscheduled maintenance of such reserve or its infrastructure to be conducted by the Bureau. SEC. 4. BLM TRANSPARENCY REQUIREMENTS TO FACILITATE MARKET AND SUPPLY CHAIN INFORMATION. The Helium Act (50 U.S.C. 167 et seq.) is further amended by redesignating sections 15 and 17 as sections 17 and 18, and by inserting after section 14 the following: `SEC. 15. PIPELINE ACCESS. `(a) Annual Report- The Secretary, acting through the Bureau of Land Management, shall make available on the Internet the current refining capacity on the Federal Helium Reserve pipeline, including-- `(1) refinery capacity and future capacity estimates; `(2) ownership of federally auctioned helium held in the Federal Helium Reserve; `(3) volume of helium delivered to individual buyers through such pipeline; `(4) for each helium refiner-- `(A) the number of tolling agreements entered into before October 1, 2013; and `(B) for each fiscal year thereafter-- `(i) the number of tolling agreements entered into; `(ii) the number of tolling requests received; and `(iii) the total volume of helium refined under each tolling agreement entered into; `(5) pipeline pressure constraints; and `(6) other factors that will increase transparency for persons interested in entering refining contracts with existing refiners. `(b) New Refining Capacity- The Secretary shall take any applications for new refining capacity on the Federal Helium Reserve pipeline. To create more competition, any new refining capacity added to the Federal Helium Reserve pipeline system shall be granted access to crude helium that is equal to the access provided to existing refining facilities. `(c) Access by Purchasers of Helium- The Secretary shall manage Federal Helium Reserve pipeline access in a competitive manner to ensure that all persons purchasing helium have equal access to timing and delivery of the helium, subject to the capacity of the system. `(d) Scheduling Deliveries- The Secretary shall, to the greatest extent practicable, make the scheduling of crude helium deliveries through the Federal Helium Reserve pipeline open and transparent to all purchasers of helium through the auction process, and to the public if the Secretary believes that it is in the national interest. `(e) Scheduling Priority- `(1) IN GENERAL- In scheduling crude helium deliveries through the Federal Helium Reserve pipeline the Secretary shall grant pipeline access in the following order of priority: `(A) Helium held in the Reserve as a result of a purchase under subsection (b)(2). `(B) Helium sold at auction being delivered to fulfill a tolling agreement. `(C) Other helium sold at auction. `(D) Helium held in the Reserve as a result of a crude helium exchange resulting from any temporary shutdown of the Reserve or of a refinery on the Reserve pipeline. `(E) Helium held in inventory in the Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act. `(2) In scheduling such deliveries of helium described in each of subparagraphs (A) through (E) of paragraph (1), the Secretary shall grant pipeline access based on the following order of priority: `(A) The price paid to the United States for the helium, giving higher priority to helium for which a greater price was paid. `(B) The date the helium was purchased from the Secretary, giving higher priority to helium purchased on an earlier date. `(C) Any other factor the Secretary considers appropriate to prioritize delivery. `SEC. 16. BLM REPORTING REQUIREMENTS TO FACILITATE SUPPLY CHAIN INFORMATION. `(a) In General- In order to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish, no later than 90 days after the date of enactment of the Responsible Helium Administration and Stewardship Act, a real-time reporting process, including reporting over the Internet, to provide data that will affect the helium industry, including such effects for all persons in such industry from crude helium suppliers to end users. `(b) Included Information- Information provided under this section shall include the following: `(1) Annual maintenance schedules and quarterly updates thereof, which shall be available on the Internet, to the extent practicable, and shall include the following: `(A) The date and duration of planned shutdowns of the Federal Helium Reserve pipeline. `(B) The nature of work to be undertaken, whether routine, extended, or extraordinary. `(C) The anticipated impact on the helium supply. `(D) The efforts to minimize any impact on the supply chain. `(E) Any concerns regarding maintenance of the Federal Helium Reserve pipeline, pressure of such pipeline, or deviation from normal operation of such pipeline. `(2) For each unplanned outage, the following: `(A) The beginning of the outage. `(B) The expected duration of outage. `(C) A description of the problem. `(D) The estimated impact on helium supply. `(E) A plan to correct problems, an estimate of the potential timeframe for correction, and the likelihood of plan success within the timeframe. `(F) Efforts to minimize negative impacts on the helium supply chain. `(G) Updates on repair status and the anticipated online date. `(3) Minutes of meetings between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including-- `(A) publication of the minutes of each meeting between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including attendees and their affiliations, on the Internet site of the Bureau within 1 week after the meeting; and `(B) indication in the minutes of any action taken that could affect the supply or operating status related to the Federal helium program. `(4) Current predictions of the lifespan of the Federal Helium Reserve, including how much longer such crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium Reserve for the following fiscal year.'. SEC. 5. HELIUM RESOURCE ASSESSMENT AND HELIUM-3 SEPARATION. (a) Helium Gas Resource Assessment- Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall-- (1) in coordination with appropriate heads of State geological surveys-- (A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and (B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; (2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; (3) in consultation with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete-- (A) an assessment of trends in global demand for helium, including the isotope helium-3; (B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and (C) an inventory of medical, research, scientific, industrial, commercial, and other uses of helium in the United States, including Federal and commercial helium uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; (4) complete an assessment of options for ensuring a domestic helium supply in the future, including-- (A) an analysis of how the Federal Helium Reserve has influenced domestic and global helium supply and prices historically; and (B) an assessment of options for how the Federal Helium Reserve could promote the long term availability and security of domestic helium supplies; and (5) submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the assessments required under this subsection. (b) Helium-3 Separation- (1) INTERAGENCY COOPERATION- The Secretary of the Interior shall cooperate with the Secretary of Energy, or a designee of the Secretary of Energy, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve (as that term is defined in the amendments made by section 2) or along the Federal Helium Reserve pipeline system, including-- (A) gas analysis; (B) infrastructure studies; and (C) cooperation with private helium refiners. (2) FEASIBILITY STUDY- The Secretary of the Interior shall assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at-- (A) the Federal Helium Reserve; or (B) an existing helium separation or purification facility connected to the Federal Helium Reserve pipeline system. (3) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that contains a description of the results of the assessments conducted under this subsection. SEC. 6. ADDITIONAL CONNECTIONS TO THE FEDERAL HELIUM RESERVE. The Secretary of the Interior may allow any person not connected to the Federal Helium Reserve, as that term is defined under section 2 of the Helium Act (50 U.S.C. 167), as amended by this Act, to connect to the Federal Helium Reserve for the purpose of storing helium, subject to such storage fees as may be required by the Secretary. Withdrawal of such helium shall be governed by that Act. Passed the House of Representatives April 26, 2013. Attest: KAREN L. HAAS, Clerk.
H.Res.527 May-06-13
STATUS: April 26, 2013.--Passed out of House. May 6, 2013.--Introduced in Senate. September 19.--Committee on Energy and Natural Resources discharged by Unanimous Consent. September 19, 2013.--Passed Senate with an amendment by Yea-Nay Vote. 97 - 2. September 25, 2013.-- House agreed to Senate amendment with an amendment pursuant to H. Res. 354. September 26, 2013.--Senate agreed to House amendment to Senate amendment by Unanimous Consent. October 2, 2013.--Public Law No: 113-40 H.R.527 Responsible Helium Administration and Stewardship Act (Referred in Senate - RFS) HR 527 RFS 113th CONGRESS1st Session H. R. 527IN THE SENATE OF THE UNITED STATESMay 6, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To amend the Helium Act to complete the privatization of the Federal helium reserve in a competitive market fashion that ensures stability in the helium markets while protecting the interests of American taxpayers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Responsible Helium Administration and Stewardship Act'. SEC. 2. DEFINITIONS. Section 2 of the Helium Act (50 U.S.C. 167) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting a period; (2) in paragraph (2), by striking `; and' and inserting a period; and (3) by adding at the end the following: `(4) FEDERAL HELIUM RESERVE- `(A) IN GENERAL- The term `Federal Helium Reserve' means the Bureau of Land Management Cliffside Gas Field and supporting infrastructure. `(B) INCLUSIONS- The term `Federal Helium Reserve' includes-- `(i) the Cliffside Gas Field helium storage reservoir; and `(ii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium. `(5) QUALIFYING DOMESTIC HELIUM TRANSACTION- The term `qualifying domestic helium transaction'-- `(A) except as provided in subparagraph (B), means any new or newly renegotiated agreement for the purchase or sale of at least 15,000,000 standard cubic feet of crude helium or bulk liquid helium delivered in the United States in the most recent full fiscal year; and `(B) does not include any purchase of crude helium from the Secretary. `(6) TOLLING AGREEMENT- The term `tolling agreement' means an agreement between a helium refiner and another party under which the helium refiner agrees to process the other person's helium at an agreed upon price.'. SEC. 3. SALE AND AUCTION OF CRUDE HELIUM. (a) In General- Section 6 of the Helium Act (50 U.S.C. 167d) is amended to read as follows: `SEC. 6. SALE OF HELIUM. `(a) Phase A: Finalizing Debt Payoff- `(1) IN GENERAL- Subject to paragraph (2), the Secretary shall offer for sale crude helium for Federal, medical, research, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption. `(2) MINIMUM QUANTITY- The Secretary shall offer for sale during each fiscal year under paragraph (1) a quantity of crude helium equivalent to the quantity of crude helium produced from the Federal Helium Reserve during fiscal year 2012. `(3) IN-KIND PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Federal agencies, and holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal, medical, research and scientific uses from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(4) PRICES AND DETERMINATIONS- Sales of crude helium by the Secretary under this subsection shall be at prices established by the Secretary that shall not be less than the price in the last sale of crude helium from the Federal Helium Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act, except that any sale to a person referred to in paragraph (3) for a purchase authorized by that paragraph shall be at a price specified by the Secretary. `(5) DURATION- This subsection applies during the period-- `(A) beginning on the date of enactment of the Responsible Helium Administration and Stewardship Act; and `(B) ending on the expiration of the one-year period following such date of enactment. `(b) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer- `(1) IN GENERAL- The Secretary shall offer for sale at auction, as described in subsection (d), crude helium for medical, research, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary-- `(A) to maximize total recovery and conservation of helium from the Federal Helium Reserve; `(B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; `(C) to respond to helium market supply and demand and minimize market disruption; and `(D) to give priority to meeting the helium demand of Federal users through purchases under paragraph (2). `(2) IN-KIND PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Any Federal agency, and any holder of 1 or more Federal research grants, may purchase refined helium for Federal, medical, research, and scientific uses from an eligible person. The Secretary shall then provide an equivalent volume of crude helium to the eligible person as if the eligible person was the successful bidder for the helium at auction. Provision of helium by the Secretary under this paragraph shall not be considered a sale of helium by the Secretary at auction. The Secretary shall provide such helium at the minimum price established by the Secretary for the most recent auction held under this subsection or such other price as may be specified by the Secretary. `(3) ELIGIBLE PERSON- For purposes of this subsection, the term `eligible person' means a helium distributer who is registered as such with the Secretary. `(4) DURATION- This subsection applies during the period-- `(A) beginning on the expiration of the period described in subsection (a)(5)(B); and `(B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. `(5) MAXIMUM ANNUAL SALES- Notwithstanding any provision of subsection (d), for each fiscal year, the Secretary may not offer or provide for sale under this subsection a total volume of crude helium that exceeds the lesser of-- `(A) the projected maximum total production capacity of the Federal Helium Reserve during that fiscal year; and `(B) the maximum refining capacity of persons connected by pipeline to the Federal Helium Reserve during that fiscal year. `(c) Phase C: Access for Federal Users- `(1) IN GENERAL- The Secretary may offer for sale crude helium for Federal uses (including medical, research, and scientific uses) in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection. `(2) PURCHASE BY FEDERAL AGENCIES AND GRANTEES- Federal agencies, and holders of 1 or more Federal research grants related to helium or the use of helium, may purchase refined helium under this subsection for Federal uses (including medical, research, and scientific uses) from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. `(3) EFFECTIVE DATE- This subsection applies beginning on the day after the date described in subsection (b)(4)(B). `(d) Auction and Minimum Prices Determination- `(1) IN GENERAL- Sales of crude helium by the Secretary in auctions under subsection (b) shall be conducted under the conditions described in this section and at no less than the minimum price established by the Secretary. `(2) AUCTION- The Secretary shall conduct such auctions of crude helium as soon as practical but no later than beginning 180 days after the first day of the period described in subsection (b)(4), under the following conditions: `(A) 60 percent of the volume of crude helium made available in each auction shall be made available to entities that can show the Secretary they have either adequate refining capacity or tolling agreements for refining in place, in accordance with the conditions set forth in paragraph (3). `(B) 20 percent of the volume of crude helium made available in each auction shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3). `(C) In each auction after the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary shall make available an additional volume of crude helium, in an amount equivalent to the amount made available under subparagraph (B) that the Secretary certifies can be refined, through tolling agreements or otherwise. Of such additional volume, a person may not acquire in the auction a volume in excess of the volume they demonstrate to the Secretary they have the ability to refine through either refining capacity or tolling agreements. `(D) The Secretary shall conduct such auctions at such times as the Secretary determines necessary to ensure a reliable supply of helium and a fair return to taxpayers, but no less frequently than 2 times each fiscal year. `(E) For purposes of the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary may revise the percentage under subparagraph (A) so as to make available for auction 100 percent of the volume of crude helium intended to be offered. `(F) The Secretary may adjust the percentages and amount specified in subparagraphs (A) through (C), respectively, in any auction if the Secretary determines the adjustment is necessary to-- `(i) respond to market supply and demand and minimize market disruption; or `(ii) increase participation in helium auctions. `(G) The Secretary may conduct an auction no more frequently than once each fiscal year of an amount of helium equal to up to 10 percent of the volume of crude helium to be made available at auction during the following fiscal year. Such amount of crude helium shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3). Notwithstanding paragraph (3)(C), for crude helium sold in such an auction the Secretary shall begin charging a storage fee under clause (i) of that paragraph beginning 1 year after the date of such auction, and shall begin charging increasing storage fees under clause (ii) of that paragraph beginning 270 days after beginning charging storage fees under clause (i) of that paragraph. `(3) AUCTION CONDITIONS- `(A) BIDDING METHOD- The Secretary shall conduct each auction by sealed bid for predetermined volume lots, unless the Secretary determines that an alternative bidding method may result in more revenue to the Federal Government or may increase participation in the auction. `(B) BIDDER QUALIFICATIONS AND LIMITS- In carrying out an auction under subsection (b), the Secretary-- `(i) may accept bids only from persons the Secretary determines are seeking to purchase helium for their own use, for refining, or for delivery to users; and `(ii) may not award to a person more than 30 percent of the total volume of crude helium offered in that auction, except that the Secretary may adjust such limitation based on the number of bidders in the auction. `(C) STORAGE FEES- In each auction the Secretary-- `(i) shall begin charging each winning bidder a storage fee for crude helium purchased by the bidder that remains in the Federal Helium Reserve, beginning on the date the Secretary receives payment of the purchase price for the helium; and `(ii) beginning 270 days after the date of the auction, shall charge increasing storage fees that will encourage the withdrawal of the helium no later than 2 years after the date of the auction. `(4) DETERMINATION OF MINIMUM SALE PRICE- The Secretary shall make a determination of the minimum sale price for sales described in paragraph (1) using-- `(A) a confidential survey of qualifying domestic helium transactions to which any holder of a contract with the Secretary for the acceptance, storage, and redelivery of crude helium in the Cliffside Gas Field helium storage reservoir is a party; `(B) current market crude helium prices as represented by the sale price at any auction held by the Secretary in the preceding 2 years; `(C) the volume-weighted average cost among helium refiners, producers, and liquefiers, in dollars per thousand cubic feet, of converting gaseous crude helium into bulk liquid helium; `(D) the additional layer of cost and profit associated with the sale or resale of bulk liquid helium; and `(E) the sale price for crude helium offered in the most recent auction under paragraph (2)(G). `(5) AUTHORITY OF SECRETARY- The Secretary shall-- `(A) require all persons that are parties to a contract with the Secretary for the acceptance, storage, and redelivery of crude helium to disclose, on a strictly confidential basis in dollars per thousand cubic feet, the weighted average price of all crude helium and bulk liquid helium purchased, sold, or processed by the persons in all qualifying domestic helium transactions during the fiscal year; `(B) appoint a qualified independent third party to perform data collection and analysis for the purposes of the survey under paragraph (4)(A); and `(C) adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure robust protection of the confidentiality of data submitted by private persons. `(6) CHANGES IN MINIMUM PRICE- If the Secretary believes that the minimum price as determined by the survey under paragraph (4)(A) may not be reflective of the current market value of helium, or if a higher minimum price may result in greater conservation of the Federal crude helium resource, the Secretary may change the minimum price charged for crude helium sold under this section by up to 10 percent of the price determined under paragraph (4). If at any sale in which the minimum price is increased under this paragraph all crude helium offered is sold at the increased price, the Secretary shall consider that increased price to be the minimum price determined under paragraph (4) for all future sales of crude helium under this section unless that price is further changed in accordance with this paragraph. `(7) ENSURING FAIR AND NONDISCRIMINATORY ACTS AND PRACTICES- The Secretary may issue such rules and regulations with respect to ensure bidding, transfer, and refining of helium produced from or held in the Federal Helium Reserve as may be necessary to ensure fair and nondiscriminatory acts and practices. `(8) AUCTION RECORDS- `(A) FURNISHING RECORDS- Every person participating in auctions of helium from the Federal Helium Reserve shall furnish to the Secretary on request such records of transactions in helium auctions as the Secretary may require to reconstruct bidding or trading in the course of a particular inquiry or investigation being conducted by the Secretary for enforcement or surveillance purposes. In requiring information pursuant to this paragraph, the Secretary shall specify the information required, the period for which it is required, and the time and date on which the information must be furnished. `(B) REPORTING REQUIREMENTS- The Secretary may issue rules to require persons participating in helium auctions to file such reports as the Secretary determines to be necessary for purposes of this Act. `(C) RECORDKEEPING REQUIREMENTS- Rules under this subsection may require specified persons to make and keep for prescribed periods such records as the Secretary determines are necessary or appropriate to ensure that such persons can comply with reporting requirements under this subsection. `(D) LIMITATION ON DISCLOSURE OF INFORMATION- Notwithstanding any other provision of law, the Secretary shall not be compelled to disclose any proprietary information required to be kept or reported under this subsection. Nothing in this subsection authorizes the Secretary to withhold information from Congress, prevents the Secretary from complying with a request for information from any other Federal department or agency requesting information for purposes within the scope of its jurisdiction, or prevents the Secretary from complying with an order of a court of the United States in an action brought by the United States or by the Secretary. `(e) Helium Production Fund- `(1) IN GENERAL- All amounts received under this Act shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this subsection. `(2) ADMINISTRATIVE EXPENSES- Amounts in the Helium Production Fund may be used by the Secretary to conduct helium auctions and otherwise administer this Act. `(3) REPAYMENT AMOUNTS- During the period described in subsection (a)(4), amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to conduct helium auctions and otherwise administer this Act shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995. `(4) CAPITAL INVESTMENTS AND MAINTENANCE- Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (3) may be used to fund the following capital investments in upgrades and maintenance at the Federal Helium reserve: `(A) Wellhead maintenance at the Cliffside Gas Field helium storage reservoir. `(B) Capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Gas Field helium storage reservoir. `(C) Capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium at the Cliffside Gas Field helium storage reservoir. `(D) Any other scheduled or unscheduled maintenance of the Cliffside Gas Field helium storage reservoir and helium pipeline. `(5) EXCESS FUNDS AND DEFICIT REDUCTION- Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (4) shall be paid to the general fund of the Treasury and used to reduce the annual Federal budget deficit. `(f) Extraction of Helium From Deposits on Federal Land- All amounts received by the Secretary from the sale or disposition of crude helium on Federal land shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995. `(g) Maintenance of Helium Supply- The Secretary shall ensure that there is no disruption in the supply of helium from the Federal Helium Reserve during the transition between phases of helium sales under subsections (a), (b), and (c).'. (b) Report- Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing all expenditures by the Bureau of Land Management for operation and maintenance of the Federal Helium Reserve (as that term is defined in the amendment made by section 2(3)), investments made by the Bureau for such reserve, and scheduled or unscheduled maintenance of such reserve or its infrastructure to be conducted by the Bureau. SEC. 4. BLM TRANSPARENCY REQUIREMENTS TO FACILITATE MARKET AND SUPPLY CHAIN INFORMATION. The Helium Act (50 U.S.C. 167 et seq.) is further amended by redesignating sections 15 and 17 as sections 17 and 18, and by inserting after section 14 the following: `SEC. 15. PIPELINE ACCESS. `(a) Annual Report- The Secretary, acting through the Bureau of Land Management, shall make available on the Internet the current refining capacity on the Federal Helium Reserve pipeline, including-- `(1) refinery capacity and future capacity estimates; `(2) ownership of federally auctioned helium held in the Federal Helium Reserve; `(3) volume of helium delivered to individual buyers through such pipeline; `(4) for each helium refiner-- `(A) the number of tolling agreements entered into before October 1, 2013; and `(B) for each fiscal year thereafter-- `(i) the number of tolling agreements entered into; `(ii) the number of tolling requests received; and `(iii) the total volume of helium refined under each tolling agreement entered into; `(5) pipeline pressure constraints; and `(6) other factors that will increase transparency for persons interested in entering refining contracts with existing refiners. `(b) New Refining Capacity- The Secretary shall take any applications for new refining capacity on the Federal Helium Reserve pipeline. To create more competition, any new refining capacity added to the Federal Helium Reserve pipeline system shall be granted access to crude helium that is equal to the access provided to existing refining facilities. `(c) Access by Purchasers of Helium- The Secretary shall manage Federal Helium Reserve pipeline access in a competitive manner to ensure that all persons purchasing helium have equal access to timing and delivery of the helium, subject to the capacity of the system. `(d) Scheduling Deliveries- The Secretary shall, to the greatest extent practicable, make the scheduling of crude helium deliveries through the Federal Helium Reserve pipeline open and transparent to all purchasers of helium through the auction process, and to the public if the Secretary believes that it is in the national interest. `(e) Scheduling Priority- `(1) IN GENERAL- In scheduling crude helium deliveries through the Federal Helium Reserve pipeline the Secretary shall grant pipeline access in the following order of priority: `(A) Helium held in the Reserve as a result of a purchase under subsection (b)(2). `(B) Helium sold at auction being delivered to fulfill a tolling agreement. `(C) Other helium sold at auction. `(D) Helium held in the Reserve as a result of a crude helium exchange resulting from any temporary shutdown of the Reserve or of a refinery on the Reserve pipeline. `(E) Helium held in inventory in the Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act. `(2) In scheduling such deliveries of helium described in each of subparagraphs (A) through (E) of paragraph (1), the Secretary shall grant pipeline access based on the following order of priority: `(A) The price paid to the United States for the helium, giving higher priority to helium for which a greater price was paid. `(B) The date the helium was purchased from the Secretary, giving higher priority to helium purchased on an earlier date. `(C) Any other factor the Secretary considers appropriate to prioritize delivery. `SEC. 16. BLM REPORTING REQUIREMENTS TO FACILITATE SUPPLY CHAIN INFORMATION. `(a) In General- In order to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish, no later than 90 days after the date of enactment of the Responsible Helium Administration and Stewardship Act, a real-time reporting process, including reporting over the Internet, to provide data that will affect the helium industry, including such effects for all persons in such industry from crude helium suppliers to end users. `(b) Included Information- Information provided under this section shall include the following: `(1) Annual maintenance schedules and quarterly updates thereof, which shall be available on the Internet, to the extent practicable, and shall include the following: `(A) The date and duration of planned shutdowns of the Federal Helium Reserve pipeline. `(B) The nature of work to be undertaken, whether routine, extended, or extraordinary. `(C) The anticipated impact on the helium supply. `(D) The efforts to minimize any impact on the supply chain. `(E) Any concerns regarding maintenance of the Federal Helium Reserve pipeline, pressure of such pipeline, or deviation from normal operation of such pipeline. `(2) For each unplanned outage, the following: `(A) The beginning of the outage. `(B) The expected duration of outage. `(C) A description of the problem. `(D) The estimated impact on helium supply. `(E) A plan to correct problems, an estimate of the potential timeframe for correction, and the likelihood of plan success within the timeframe. `(F) Efforts to minimize negative impacts on the helium supply chain. `(G) Updates on repair status and the anticipated online date. `(3) Minutes of meetings between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including-- `(A) publication of the minutes of each meeting between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including attendees and their affiliations, on the Internet site of the Bureau within 1 week after the meeting; and `(B) indication in the minutes of any action taken that could affect the supply or operating status related to the Federal helium program. `(4) Current predictions of the lifespan of the Federal Helium Reserve, including how much longer such crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium Reserve for the following fiscal year.'. SEC. 5. HELIUM RESOURCE ASSESSMENT AND HELIUM-3 SEPARATION. (a) Helium Gas Resource Assessment- Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall-- (1) in coordination with appropriate heads of State geological surveys-- (A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and (B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; (2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; (3) in consultation with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete-- (A) an assessment of trends in global demand for helium, including the isotope helium-3; (B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and (C) an inventory of medical, research, scientific, industrial, commercial, and other uses of helium in the United States, including Federal and commercial helium uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; (4) complete an assessment of options for ensuring a domestic helium supply in the future, including-- (A) an analysis of how the Federal Helium Reserve has influenced domestic and global helium supply and prices historically; and (B) an assessment of options for how the Federal Helium Reserve could promote the long term availability and security of domestic helium supplies; and (5) submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the assessments required under this subsection. (b) Helium-3 Separation- (1) INTERAGENCY COOPERATION- The Secretary of the Interior shall cooperate with the Secretary of Energy, or a designee of the Secretary of Energy, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve (as that term is defined in the amendments made by section 2) or along the Federal Helium Reserve pipeline system, including-- (A) gas analysis; (B) infrastructure studies; and (C) cooperation with private helium refiners. (2) FEASIBILITY STUDY- The Secretary of the Interior shall assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at-- (A) the Federal Helium Reserve; or (B) an existing helium separation or purification facility connected to the Federal Helium Reserve pipeline system. (3) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that contains a description of the results of the assessments conducted under this subsection. SEC. 6. ADDITIONAL CONNECTIONS TO THE FEDERAL HELIUM RESERVE. The Secretary of the Interior may allow any person not connected to the Federal Helium Reserve, as that term is defined under section 2 of the Helium Act (50 U.S.C. 167), as amended by this Act, to connect to the Federal Helium Reserve for the purpose of storing helium, subject to such storage fees as may be required by the Secretary. Withdrawal of such helium shall be governed by that Act. Passed the House of Representatives April 26, 2013. Attest: KAREN L. HAAS, Clerk.
S.524 Mar-12-13
STATUS: March 12, 2013.--Introduced September 17, 2013.--Ms. McCaskill added as cosponsor. S.524 Pike National Historic Trail Study Act of 2013 (Introduced in Senate - IS) S 524 IS 113th CONGRESS 1st Session S. 524 To amend the National Trails System Act to provide for the study of the Pike National Historic Trail. IN THE SENATE OF THE UNITED STATES March 12, 2013 Mr. BENNET (for himself and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to provide for the study of the Pike National Historic Trail. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Pike National Historic Trail Study Act of 2013'. SEC. 2. WESTERN STATES TRAIL STUDY. Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c)) is amended by adding at the end the following: `(46) PIKE NATIONAL HISTORIC TRAIL- The Pike National Historic Trail, a series of routes extending approximately 3,664 miles, which follows the route taken by Lt. Zebulon Montgomery Pike during the 1806-1807 Pike expedition that began in Fort Bellefontaine, Missouri, extended through portions of the States of Kansas, Nebraska, Colorado, New Mexico, and Texas, and ended in Natchitoches, Louisiana.'.